R v Fartun Jamal

R v Fartun Jamal

Section 5(1)(c) of the Domestic Violence, Crime and Victims Act 2004 does not require proof of a pre-existing risk of serious physical harm; it is sufficient that a significant risk exists at the time of the unlawful act causing death. The trial judge's directions were correct, and the conviction is safe.

Parties
Prosecution: Rex; Appellant: Fartun Jamal
Jurisdiction
England and Wales
Judgment Date
19 February 2026
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Causing or Allowing the Death of a Child, Statutory Interpretation, Child Cruelty, Neglect, Elements of Criminal Liability
Criminal Law Child Protection Causing or Allowing the Death of a Child Statutory Interpretation Child Cruelty Neglect Elements of Criminal Liability

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 16 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Rex

Prosecution

Fartun Jamal

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether section 5(1)(c) of the Domestic Violence, Crime and Victims Act 2004 requires proof of a pre-existing risk of serious physical harm for conviction of causing the death of a child
  2. 2 Whether the trial judge's directions to the jury were legally correct in light of subsequent case law (ATT)
  3. 3 Whether the conviction is unsafe due to alleged misdirection

Ratio Decidendi

Section 5(1)(c) of the Domestic Violence, Crime and Victims Act 2004 does not require proof of a pre-existing risk of serious physical harm; it is sufficient that a significant risk exists at the time of the unlawful act causing death. The trial judge's directions were correct, and the conviction is safe.

Court Disposition

appeal dismissed